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DISCLOSURE OF GIFT EQUITY

Recently we received the following question in our Community Forum: Question:  When the amount of gift equity is known at the time of initial disclosure, should the gift equity amount be disclosed on the Loan Estimate in the calculating cash to close section as a seller credit or adjustments and other credits? There does not appear to be any clear cut guidance in 1026.37(H)(1)(vi) or (vii). Thank you Answer:  A gift of equity can take […]

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CLARIFICATION OF ABUSIVE STANDARD

On January 21, 2020 the Consumer Financial Protection Bureau (CFPB) approved a policy statement that is intended to convey and foster greater certainty about the meaning of abusiveness. The statement provides a framework for the Bureau’s exercise of its supervisory and enforcement authority to address abusive acts or practices. providing a common-sense framework on how it intends to apply the “abusiveness” standard in supervision and enforcement matters. With the revised statement the CFPB: Intends to […]

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CFPB PUBLISHES GUIDANCE ON GUIDANCE

On January 27, 2020 the Consumer Financial Protection Bureau (CFPB) published, in the Federal Register, a Policy Statement that announces a new designation for certain guidance, known as “Compliance Aids,” and to explain the legal status and role of guidance with that designation. Examples of compliance aids previously released by the CFPB include small entity compliance guides, instructional guides for disclosure forms, executive summaries, summaries of regulation changes, factsheets, flow charts, compliance checklists, frequently asked […]

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AGENCIES ISSUE CMP INFLATION ADJUSTMENTS

The Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation, Federal Reserve Board, National Credit Union Association, and Office of the Comptroller of the Currency recently published their annual adjustments to the maximum amount of each civil penalty applicable to institutions under their jurisdiction. The adjustments, required by the Federal Civil Penalties Inflation Adjustment Act of 1990, serve to maintain the deterrent effect of civil penalties and to promote compliance with the law. Each agency’s updated […]

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